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This popular casebook, through the selection of classic and modern cases, provides an excellent tool for teaching students the common law foundations of the criminal law and modern statutory reform, including the Model Penal Code. Along the way, the casebook considers modern controversies (e.g., "shaming" punishment, rape law, self-defense by battered women, euthanasia, the role of culture in determining culpability), and creatively uses literature (e.g., examining insanity through Edgar Allen Poe's The-Tell Tale Heart) and even "brain teasers" to confront (as the Preface states) "the Big Questions . . . that philosophers, theologians, scientists, and poets, as well as lawyers, have grappled with for centuries." Professor Stephen Garvey (Cornell) joins the casebook beginning with this new edition. The Sixth Edition, as in the past, includes some new cases, as well as updates in the notes that bring current issues of criminal law to the fore.
This carefully updated revision of Kadish and Schulhofer's classic casebook on substantive criminal law retains the same interdisciplinary material, sharp analysis, and provocative questions that have made it the bestselling book in the field for more than 25 years. In CRIMINAL LAW AND ITS PROCESSES: Cases and Materials, Sixth Edition, leading cases are juxtaposed with the best of recent commentary, The authors' insightful notes, and interesting non-case literature that addresses the social contexts of the various legal issues. The authors begin by explaining how guilt is established, then address justification of punishment, rape, homicide, The significance of resulting harm, group criminality, exculpation, And The theft offenses. New topical coverage includes: blackmail, expanded treatment of RICO, suicide, and euthanasia (including the Cruzan case And The most recent Michigan Court of Appeal case involving Dr. Kevorkian), sentencing guidelines, And The nature of prison punishment in America. Among the new principal cases, you'll find: Commonwealth v. Berkowitz and in re M.T.S., significant rape cases from Pennsylvania and New Jersey Staples v. United States, The latest strict liability decision of the Supreme Court Harmelin v. Maichigan on cruel and unusual punishment Cheek v. United States, The most recent venture of the Supreme Court into the mistake of law Shannon v. United States on legal insanity Numerour questions and comments help students develop the analytical skills they need to master the doctrine.
This law school casebook addresses substantive and procedural areas of importance in white-collar criminal practice. The book covers a variety of substantive crimes, including perjury, false statements, false claims, obstruction of justice, mail and wire fraud, public corruption, insider trading, conspiracy, RICO, and money laundering. It then tackles procedural issues critical to white-collar practice: grand jury, discovery, the fifth amendment right against self-incrimination as applied to testimony and physical evidence, the attorney-client privilege, representation issues, plea bargaining and cooperation agreements, and parallel proceedings. Throughout, the materials emphasize ethical issues facing criminal law practitioners, and highlight the considerations that affect prosecutors' choices in pursuing and charging cases, and defense counsel's challenges in defending against such choices. The materials also cover, in discrete chapters, mens rea issues, entity liability, and the theory and practice of sentencing under the advisory (but still important) Federal Sentencing Guidelines for both individuals and organizations. This book differs from others in: its comprehensive coverage and thus the opportunity it affords professors to tailor the course to their own preferences in subject-matter; its balance between practical and theoretical issues; its use of materials from real cases (such as the Lewinsky prosecution, the Arthur Andersen case, and the like); its balance between substantive and procedural issues; and its detailed coverage of sentencing issues.
The thirteenth edition continues the book's commitment to offering the most comprehensive, rigorous, and flexible materials on the American criminal process. With respect to the substantive criminal law, the new edition includes: Full case treatment of Johnson v. United States, illustrating the Supreme Court's current approach to the void-for-vagueness doctrine, and giving the clearest expression yet of the doctrine's constitutional foundations; Full case treatment of Elonis v. United States, 575 U.S. ___ (2015), illuminating the Supreme Court's current approach to imputing mental states when statutes are silent or unclear; Full case treatment of Rosemond v. United States, 572 U.S. ___ (2014) , illuminating the Supreme Court's current approach to the mens rea for complicity liability; Full case treatment of Hurst v. Florida, 136 S.Ct. 616 (2016), holding the Florida system of advisory jury verdicts in capital cases violates the Sixth Amendment; The substantive provisions of the American Law Institute's Project on Sexual and Related Offenses, Tentative Draft No. 2 (April 15, 2016), proposing, inter alia, a manifested "willingness" definition of consent and recognition of a felony offense for sexual penetration by an actor who knows, or consciously disregards a substantial risk, that the victim has not consented; Full case treatment of State v. J.W., Jr., 181 Wa.2d 757 (2014), holding the Washington practice of putting the burden of proof on the consent issue in rape cases on the defense violates due process; Extensive extracts from the Justice Department's memorandum explaining the decision not to bring federal civil rights charges against Officer Darren Wilson in the case involving the death of Michael Brown in Ferguson, Mo. With respect to criminal procedure, the new edition includes: Full case treatment of Riley v. California, 573 U.S. ___ (2014), summarizing search-incident-to-arrest doctrine and excluding cell phones from warrantless search incident to arrest, A thoroughly revised section on constitutional remedies in police practices cases, Illustrating the exceptions to the exclusionary rule with United States v. Rose, 613 Fed. Appx. 125 (3d Cir. 2015), a case giving a good illustration of the standing doctrine; and Utah v. Strieff, 2016 WL 3369419 (U.S. 2016), a case illustrating the Court's antipathy toward the exclusionary rule and analyzing the causation-based exceptions such as attenuation, inevitable discovery, and independent source; and The text of 42 U.S.C. �14141 and extensive excerpts from the consent decree regarding the New Orleans Police Department, entered between the Justice Department and the City of New Orleans in 2012.
Includes Part 1A: Books and Part 1B: Pamphlets, Serials and Contributions to Periodicals
Contracts: Cases and Doctrine, Sixth Edition, features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provides additional context. Key Features of the New Edition: The 6th Edition has been edited to make it even more modular and therefore easier for professors to select which doctrines to cover. The introductory materials have been shortened to permit a speedier entry to whichever basic doctrine the professor chooses to begin with. A new section on public policy defenses has been added. Recent developments involving arbitration agreements in the wake of the Supreme Court’s AT&T Mobility case are also covered. In addition, roughly a dozen new cases have been substituted, chosen for their interesting facts or their proven pedagogical usefulness. As always, every effort is made to provide students with background materials on the litigation, such as new judicial biographies and excerpts from recently published scholarship dealing with the cases covered. New cases include: Jordan v. Knafel Arnold Porter v. Fuqua Industries Nguyen v. Barnes & Noble Inc. Also, in keeping with the book’s focus on the “classic” cases we have included some iconic cases missing from earlier editions, including: Masterson v. Sine Security Stove & Manfacturing Co. v. American Railway Express Lefkowitz v. Great Minneapolis Surplus Store Lawrence v. Fox Harris v. Watson

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